432B.430 Placement of child in unlicensed
home of relative: General requirements.

432B.435 Placement of child in unlicensed
home of relative: Restrictions on placement.

432B.440 Placement of child in unlicensed
home of relative: Assessment of safety of child at time of initial placement.

GENERAL PROVISIONS

q1w2e3NAC 432B.010 Definitions.

NAC 432B.010Definitions. (NRS 432B.190)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 432B.011 to 432B.017,
inclusive, have the meanings ascribed to them in those sections.

NAC 432B.013“Agency which provides family assessment services” defined. (NRS 432B.190)“Agency
which provides family assessment services” means an agency which has entered
into a written agreement with an agency which provides child welfare services
to:

1. Conduct an assessment of the family of a
child to determine what services, if any, are needed by the family and, if
appropriate, to provide any such services; or

2. Provide to the family of a child
counseling, training or other services relating to child abuse and neglect.

(c) Any other similar institution having the
appropriate qualifications and facilities to provide the necessary and
desirable degree and type of care to the child.

2. The placement of a child with a relative
other than the relative who had a legal responsibility for providing a home for
the child before the child was placed into the custody of the agency which
provides child welfare services.

3. An independent living arrangement
approved by the agency which provides child welfare services in accordance with
NAC 432B.410, made by the agency which provides
child welfare services for a child in the custody of the agency which provides
child welfare services pursuant to NRS
127.050 or 432B.550, or
for whom the agency which provides child welfare services is responsible
pursuant to NRS 432B.360.

(Added
to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by R045-02,
7-23-2002)

q1w2e3NAC 432B.020 Abuse or neglect:
“Nonaccidental” interpreted.

NAC 432B.020Abuse
or neglect: “Nonaccidental” interpreted.For the purposes of NRS 432B.020, “nonaccidental”
means arising from an event or effect that a person responsible for a child’s
welfare could reasonably be expected to foresee, regardless of whether that
person did not intend to abuse or neglect a child or was ignorant of the
possible consequences of his actions or failure to act.

(2) An assurance
that each agency which provides child welfare services is complying with this
chapter, chapter 432B of NRS, any
other applicable state and federal law, and any written agreements entered into
with the Division or the Department of Health and Human Services.

(b) Be conducted by
audit teams composed of:

(1) Representatives
from the Division;

(2) A
representative of the agency being reviewed; and

(3) A
representative from a related discipline, including, without limitation, law
enforcement, mental health, a medical program or a school district.

2. Each audit
team described in subsection 1 shall provide a written evaluation of the audit
to the agency which provides child welfare services being audited.

3. Within 30 days
after the completion of an audit performed pursuant to subsection 1, the Division
will issue a written notice to the agency which provides child welfare services
if the Division determines as a result of the audit that the agency is not in
compliance with the provisions of this chapter, chapter 432B of NRS, any applicable
state or federal law, or any written agreements entered into with the Division or
the Department of Health and Human Services. The notice must set forth the
nature of the noncompliance.

4. Within 30 days
after receipt of a notice issued pursuant to subsection 3, the agency which
provides child welfare services shall submit to the Division a plan of action
for the areas of noncompliance. The agency may use the services of a consultant
to carry out the plan of action. Upon request by an agency which provides child
welfare services, the Division will provide to the agency assistance relating
to carrying out its plan of action.

5. Each audit
team shall reevaluate the areas of noncompliance within 4 to 6 months after the
completion of the audit. Within 6 months after completion of the audit, the
agency which provides child welfare services shall complete the plan of action
or demonstrate that it has made significant progress, as determined by the Division,
towards completing the plan of action. If the Division determines that the
agency has demonstrated that it has made significant progress towards
completing the plan of action, the Division may grant the agency an additional
3 months to complete the plan.

6. The Division may, pursuant to subsection
6 of NRS 432B.180, withhold
money from an agency which provides child welfare services based upon the
failure of the agency to complete the plan of action within the period set
forth in subsection 5. As used in this subsection, “period set forth in
subsection 5” includes any additional time to complete the plan granted to the
agency by the Division pursuant to subsection 5.

1. The division will conduct an annual
review of plans submitted pursuant to NRS 432B.395 in such a
manner as to ensure compliance with the provisions of this chapter and chapter 432B of NRS.

2. The division will provide to an agency
that submits a plan pursuant to NRS 432B.395 a written
evaluation of the plan, including the division’s approval or disapproval of the
plan, within 60 days after the date of receipt of the plan by the division. If
a plan is disapproved, the agency submitting the plan shall:

(a) Establish a corrected plan for areas found not
in compliance with this chapter and chapter
432B of NRS, and submit the corrected plan to the division within 60 days
after the date of the letter of disapproval.

(b) As needed, seek consultative services to
develop a corrected plan. The division will provide assistance if requested.

The division will reevaluate areas of the plan found not in
compliance within 30 days after the resubmittal.

1. Describe how the agency which provides
child welfare services will establish and maintain effective programs of
preventive and reunification services which include, but are not limited to,
the following elements:

(a) An assessment of the safety of the child;

(b) An assessment of the need for services;

(c) A comprehensive plan for the provision of an
adequate array and availability of preventive and reunification services;

(d) The provision of any required preventive and
reunification services identified pursuant to paragraphs (a), (b) and (c);

(e) A structure for the delivery of services;

(f) Training
for the personnel of the agency;

(g) Criteria for eligibility to obtain preventive
and reunification services;

(h) Written guidelines, procedures and protocols;
and

(i) A procedure for gathering and maintaining data,
and providing data to the juvenile court.

2. Specify how the agency which provides
child welfare services will ensure that it makes good faith efforts to:

(a) Prevent removal of the child from his home,
including:

(1) A careful assessment of the familial
situation, including an identification of the specific problems, if any,
placing the child at imminent risk of serious harm, to determine the likelihood
of protecting the child effectively in the home.

(2) Consideration of the specific problems of
the child or family to determine whether any of the services available within
the agency or in the community might effectively address those problems without
removal of the child.

(3) Consideration of alternative ways of
addressing the family’s needs, that would enable the child to be protected
without removal, when the services regularly provided by the agency appear
unlikely to meet the family’s needs, or when waiting lists for those services
are too long to prevent removal of the child.

(4) Notice to the family concerning the services
available within the agency and in the community that might address the
problems of the family or child.

(5) An offer to the family to provide those
services the agency considers most likely to address the problems identified as
creating the risk of removal of the child.

(6) An opportunity for the family to request
other services not offered by the agency that the family believes might
mitigate the risk of removal.

(7) A mechanism for the child or family to
seek a review of the agency’s failure to provide the assistance or services the
family believes would eliminate the need for removal of the child.

(b) Reunify the family, including the efforts
required by paragraph (a) and the:

(1) Development of an appropriate case plan.

(2) Establishment of an appropriate schedule
for visitation and other measures to ensure visitation is facilitated and
actually occurs.

3. Describe how the agency which provides
child welfare services will ensure compliance with NRS 432B.540.

NAC 432B.060Cooperation with division to obtain federal money. (NRS 432.032, 432B.190)Anagency which provides
child welfare services shall cooperate with the division in such a manner as
necessary for the state to obtain federal money for services and activities
relating to child welfare.

1. An agency which provides child welfare
services shall establish an organizational structure which ensures that there
is a clearly defined and logical hierarchy of authority and responsibility for
all matters associated with the administration and operation of its program for
child welfare services. The structure must create opportunities for frequent
communication between the administrative and policymaking staff and the staff
which provides services.

2. The agency’s pattern of organization for
its staff which provides services must be designed to facilitate achievement of
the program’s goals and the objectives of individual plans for services. The
agency shall include, as a minimum, the following factors in establishing its
structure for the delivery of services:

(a) The assignment of responsibility for the
management of cases regarding all the children in any one family under the care
of the agency to one member of the staff.

(b) The need for continuity of responsibility for
each child and his family throughout the process for the delivery of services.
When more than one agency or person is involved in child welfare services for a
child, there must be a formal process for the coordination and transfer of
services.

(c) The coordination of an agency’s efforts to
achieve established objectives for the delivery of services to each child and
his family.

(d) The creation of opportunities for frequent
communication and collaboration between the personnel of the agency and providers
of foster care.

3. The policies and procedures of the agency
must be in written form.

4. The agency shall establish an internal
process for the review of cases to ensure conformity with the law, regulations,
and the policies and procedures of the agency. A sample of cases must be
reviewed on a quarterly basis. The sample must be representative of all reports
of child maltreatment.

1. Participate in community programs to
educate the public and promote awareness about programs regarding the abuse and
neglect of children and services to prevent the abuse and neglect of children.

2. Encourage residents to act as advocates
and volunteers on behalf of children and families served by the agency.

3. Make the community aware of the need for
specific services and resources related to programs regarding the abuse and
neglect of children and services to prevent the abuse and neglect of children.

4. Coordinate the activities of agencies,
schools and organizations in the community to strengthen services to families
who are at risk of committing the abuse or neglect of a child, and increase the
ability of those families to keep their children at home.

5. Encourage and assist in the development
of community councils involving public and private organizations.

1. All members of the staff of an agency
which provides child welfare services must have demonstrated competence in
their areas of responsibility, as measured by educational achievement, years of
experience and other qualifications, so that the agency can provide
high-quality services in an efficient and professional manner. All members of
the staff must have the training and experience required by their job
descriptions.

2. An agency which provides child welfare
services shall:

(a) Assess the needs of its staff for development
and training every 2 years. The agency shall ensure that each new member of its
staff engaged in child welfare services receives at least 40 hours of training
related to the principles and practices of those child welfare services and
completes a course of training related to the provisions of the Indian Child
Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., prescribed by the division.
After the first year of employment, all members of the staff engaged in child
welfare services must obtain 30 hours biennially of training related to those
child welfare services.

(b) Provide to each person who directly provides
family assessment services training related to the principles and practices of
providing such assessments.

(c) Provide each new employee with an orientation
to the agency and to his position. Ongoing orientation and day-to-day
activities for the development of staff are a responsibility of the employee’s
supervisor.

3. An agency which provides child welfare
services shall develop and carry out personnel practices and policies which
provide all staff and volunteers with clear written information about their
rights and responsibilities, and which are conducive to the maintenance of good
relations between management and employees and the retention of high-quality
employees.

4. All employees must have access to a
procedure for the resolution of grievances.

1. If an agency which provides child welfare
services employs paraprofessional staff, the agency shall provide supervision
by the professional staff. The paraprofessional staff must be used flexibly and
creatively in activities such as providing support and assistance to families,
providing transportation, monitoring and reporting observations.

2. Qualifications for paraprofessional staff
must be flexibly set and interpreted, but must include, without limitation:

(a) The ability to relate to social workers, foster
parents, and children and their families; and

1. An agency which provides family
assessment services shall establish an organizational structure which ensures
that there is a clearly defined and logical hierarchy of authority and
responsibility for all matters associated with the administration and operation
of its program for family assessment services. The structure must create
opportunities for frequent communication between the administrative and
policymaking staff and the staff which directly provides family assessment
services.

2. The agency’s pattern of organization for
its staff which directly provides family assessment services must be designed
to facilitate achievement of the program’s goals and the objectives of
individual plans for family assessment services. The agency shall include,
without limitation, the following factors in establishing its structure for the
delivery of family assessment services:

(a) The assignment of responsibility for the
management of cases regarding all the children in any one family under the care
of the agency to one member of the staff.

(b) The need for continuity of responsibility for
each child and his family throughout the process for the delivery of family
assessment services. When more than one agency or person is involved in
providing family assessment services for children in a family, there must be a
formal process for the coordination and transfer of services.

(c) The coordination of an agency’s efforts to
achieve established objectives for the delivery of family assessment services
to each child and his family.

3. The policies and procedures of the agency
must be in written form.

4. The agency shall establish an internal
process for the review of cases to ensure conformity with the law, regulations,
and the policies and procedures of the agency.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

1. All members of the staff of an agency
which provides family assessment services must have demonstrated competence in
their areas of responsibility, as measured by educational achievement, years of
experience and other qualifications, so that the agency can provide
high-quality family assessment services in an efficient and professional
manner. All members of the staff must have the training and experience required
by their job descriptions.

2. An agency which provides family
assessment services shall:

(a) Ensure that each person who directly provides
family assessment services has a bachelor’s degree in a field of human service
and a license or certification in his field of practice.

(b) Provide each new employee with an orientation
to the agency and to his position. Ongoing orientation and day-to-day
activities for the development of staff are a responsibility of the employee’s
supervisor.

3. An agency which provides family
assessment services shall develop and carry out personnel practices and
policies which provide all staff and volunteers with clear written information
about their rights and responsibilities and which are conducive to the
maintenance of good relations between management and employees and the
retention of high-quality employees.

4. All employees must have access to a
procedure for the resolution of grievances.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

1. An agency which provides family
assessment services shall employ such administrative staff as are needed in
accordance with the agency’s size, scope of responsibility and overall
organizational structure.

2. All members of the clerical and support
staff of an agency which provides family assessment services must possess the
necessary education, training and experience for their specific jobs.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

1. Members of the supervisory staff of an
agency which provides family assessment services are responsible for:

(a) Providing their staff with consultation and
day-to-day training;

(b) Management, including, without limitation, the
delegation of functions regarding case work to their staff and assistance with
the development and carrying out of case plans; and

(c) Ensuring that the goals of their program of
family assessment services are achieved.

2. Supervisory staff must have technical
knowledge and skills in the field of child welfare, and demonstrated ability in
promoting effective practices and the coordination of services and training.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

q1w2e3NAC 432B.1358 Members of staff:
General responsibilities; qualifications of members who directly provide
services.

NAC 432B.1358Members of staff: General responsibilities; qualifications of
members who directly provide services. (NRS
432B.190)

1. Members of the staff of an agency which
provides family assessment services are responsible for:

(a) Receiving referrals from an agency which
provides child welfare services regarding the alleged abuse or neglect of
children;

(b) Providing family assessments;

(c) Forwarding reports to an agency which provides
child welfare services if the staff member determines that the child has been
injured or is at risk for serious harm; and

(d) Case management, including, without limitation,
planned services to each child and his family to achieve the goals established
in the case plan.

2. Members of the staff who directly provide
family assessment services must have a bachelor’s degree in a field of human
service and must be licensed or certified in their respective fields of
practice.

1. If an agency which provides family
assessment services employs paraprofessional staff, the agency shall provide
supervision by the professional staff. The paraprofessional staff must be used
flexibly and creatively in activities, including, without limitation, providing
support and assistance to families, providing transportation, monitoring and reporting
observations.

2. Qualifications for paraprofessional staff
must be flexibly set and interpreted, but must include, without limitation:

(a) The ability to relate to social workers, foster
parents, and children and their families; and

(b) Knowledge of the resources and attitudes of the
local community.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

q1w2e3NAC 432B.1362 Contents of agreement
to provide services.

NAC 432B.1362Contents of agreement to provide services. (NRS 432B.190)An
agreement between an agency which provides child welfare services and an agency
which provides family assessment services to provide family assessment services
must include, without limitation:

1. A description of the training and
technical assistance that must be provided by the agency which provides child
welfare services.

2. The time frame within which the family
assessment must be commenced and completed.

3. The time frame within which an agency
which provides family assessment services must notify an agency which provides
child welfare services that the child has been injured or is at risk for
serious harm.

4. A description of the information that
will be retained by the agency which provides family assessment services about
a family.

5. Any other information determined to be
necessary by the agency which provides child welfare services.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

q1w2e3NAC 432B.1364 Contents of family
assessment.

NAC 432B.1364Contents of family assessment. (NRS
432B.190)A
family assessment may include, without limitation:

1. A determination of whether the basic
needs of the family, including, without limitation, food, shelter, clothing and
medical care, are being met.

2. The educational needs of the child.

3. An evaluation of the parenting skills of
the parents.

4. The degree of integration of the family
into the local community.

5. An identification of each family member
and his role in ensuring the safety of the child.

6. Whether there is substance abuse or
spousal abuse in the family and its effect on the safety of the child.

7. Whether the child has any medical needs
that are not being met.

8. The level of intellectual, social and
emotional development of the child.

9. Any other areas in which the family can be
strengthened to ensure the safety of the child.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

1. If an agency which provides family
assessment services provides a family assessment:

(a) The primary focus of the assessment must be the
safety of the child, not the alleged incident of abuse or neglect.

(b) The assessment must be conducted with the
cooperation of the family.

(c) The assessment must take into account the
strengths of the family and its need for available child welfare services.

(d) A record of the assessment must not be entered
into the central registry established pursuant to NRS 432.100.

(e) The agency which provides family assessment
services shall forward a copy of the assessment to an agency which provides
child welfare services.

2. Except as otherwise required by NRS 432B.220, if, during the
course of the assessment, it is determined by the agency which provides family
assessment services that the child has been injured or is at risk of serious
harm, the agency shall report the abuse or neglect to an agency which provides
child welfare services for an investigation in accordance with NAC 432B.150.

3. If, during the course of the assessment,
it is determined by the agency which provides family assessment services that
the child is not at risk of serious harm but the family could benefit from
services to address the areas of need identified in the assessment, the agency
which provides family assessment services may provide those services to the
family.

q1w2e3NAC 432B.1368 Maintenance of
information on local resources available to families.

NAC 432B.1368Maintenance of information on local resources available to
families. (NRS 432B.190)An
agency which provides family assessment services shall maintain information
regarding local resources available to families.

(Added to NAC by Div. of Child & Fam. Services by
R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

1. When an agency which provides child
welfare services receives a referral that a child is alleged to be abused,
neglected or threatened with harm, its first step must be to obtain sufficient
information to decide if the allegations constitute a report of the abuse or
neglect of a child which is appropriate for investigation. The worker shall
explore the nature of the reporter’s concern, evaluate the report and explain
the agency’s responsibility and services and the available resources that could
be used.

2. When an agency which provides child
welfare services receives more than one report on the same family referring to
the same incident occurring on the same date with the same alleged perpetrator,
the agency shall consider them to be a single report. An additional report must
be made of any subsequent incident.

1. If an agency which provides child welfare
services receives a report made pursuant to NRS 432B.220 or a report from a
law enforcement agency, an initial evaluation must be conducted to determine if
the situation or condition of the child makes child welfare services appropriate
or whether the child and his parents may be referred to an agency which
provides family assessment services. Such an evaluation must be the practice
even when the referral has been made by a professional or official person on
the basis of his specialized knowledge. A family must not be referred to an
agency which provides family assessment services if the report involves sexual
abuse or abuse that occurred in an institution or the child has been placed in
custody by a law enforcement agency or held at a hospital by a physician.

2. If an investigation is initiated by an
agency which provides child welfare services pursuant to NRS 432B.260, the agency must
determine, in the order of priority that follows, as part of the investigation
whether:

(a) The child is safe considering the factors set
forth in NAC 432B.160;

(b) The child is at risk of future harm; and

(c) The child and his parents should receive child
welfare services or whether the family should be referred to an agency which
provides family assessment services.

3. If an agency which provides child welfare
services receives a report pursuant to NRS 432B.220 or initiates an
investigation pursuant to NRS
432B.260:

(a) A caseworker must evaluate the familial
situation to decide what needs to be done and what can be done, taking into
consideration the problems and the strengths in the given situation as they
relate to the neglect or abuse of the child.

(b) The child must be seen immediately if the
allegations suggest imminent harm.

(c) The caseworker must, when other children are in
the same household, also assess the protective needs of the children who are
not the subject of the report.

4. An agency which provides child welfare
services shall have a written protocol for reports of sexual abuse which:

(a) Specifies the process of investigation and
initial intervention;

(b) Contains provisions to minimize the additional
trauma to a child caused by repetitive interviewing; and

(c) Specifies the roles to be played by medical
providers and agencies for law enforcement and social services.

1. If an investigation is initiated by an
agency which provides child welfare services pursuant to NRS 432B.260 and that
investigation was initiated by telephone or a review of a case record, a
face-to-face meeting with the child and his family must be attempted on the
next business day and on each successive business day until the supervisor of
the case manager of the case determines that a resolution has been achieved.

2. An agency which provides child welfare
services shall document the manner in which the investigation was initiated and
record in writing the information obtained.

3. As used in this section, “business day”
means Monday through Friday, excluding state and federal holidays.

q1w2e3NAC 432B.160 Conduct and use of
evaluation and investigation of report; determination and protection of
immediate safety of child.

NAC 432B.160Conduct and use of evaluation and investigation of report;
determination and protection of immediate safety of child. (NRS 432B.190)

1. An evaluation or investigation required
by NAC 432B.150 must be conducted in such a manner
as to determine how the child is being affected by the situation and whether
the child is:

(a) Currently safe;

(b) At risk of abuse or neglect; or

(c) Threatened with harm.

2. In determining whether the child is
currently safe, the agency which provides child welfare services shall consider
the circumstances of the entire family, including, without limitation:

(a) The age of the child;

(b) Any exceptional needs of the child that the
caretaker cannot satisfy, including, without limitation, needs relating to
behavioral or medical problems;

(c) The need of the child for medical care;

(d) Any need of the child for food, clothing,
shelter or protection from environmental hazards;

(e) An observation of anxious or fearful behavior
on the part of the child when the child is in the presence of the caretaker or
another person;

(f) Any
refusal by the family to allow the agency which provides child welfare services
access to the child who is the subject of the evaluation or investigation or
other children in the household or whether the agency has reason to believe
that the family may flee;

(g) Whether the child has sustained a serious
injury for which there is no reasonable or credible explanation;

(h) Whether a weapon or other object was used in
any act of maltreatment of the child who is the subject of the evaluation or
investigation;

(i) Whether an adult caretaker, any member of the
household who resides in the home, or a person with frequent access to the
household in which the child who is the subject of the evaluation or
investigation resides has a history that includes any act of maltreatment of a
child, violence, including, without limitation, domestic violence, or has any
other behavioral indicators that may suggest that the child is in immediate
danger;

(j) Whether
the agency has received multiple reports concerning the safety of the child
pursuant to NRS 432B.220 or
from a law enforcement agency;

(k) Whether the caretaker of the child who is the
subject of the evaluation or investigation refers to the child in an extremely
derogative or negative manner or has acted threateningly towards the child
either verbally or physically;

(l) Whether the caretaker of the child or any other
person who frequently visits the household in which the child who is the
subject of the evaluation or investigation resides acts in a violent manner or
threatens violence;

(m) Whether safety risks are created because of a
caretaker’s lack of knowledge, skill or motivation relating to parenting;

(n) Whether the actions or behaviors of the
caretaker of the child appear to be symptomatic of a mental or physical
illness;

(o) Any justification by the caretaker of the child
relating to the harmful behavior of the caretaker or the harmful behavior of
other persons;

(p) Whether
there has been any change or improvement in the behavior of the caretaker of
the child after child welfare services have been provided to the caretaker;

(q) Whether
the caretaker of the child is unable or unwilling to satisfy the immediate
needs of the child for food, clothing or shelter;

(r) Any environmental hazards;

(s) Any suspected or immediate abuse of drugs or
alcohol by the caretaker of the child; and

(t) Such
other information as the agency considers necessary to make its determination.

3. If the agency determines that the child
is unsafe in his home, the agency shall establish a safety plan to address the
immediate safety concerns of the child. The plan:

(a) Must be established, if possible, to allow the
child to remain in his home;

(b) Must be time-limited; and

(c) May include removal of the child from his home
initially or as a result of a violation of the plan.

4. After the agency addresses the immediate
safety concerns of the child who is the subject of the evaluation or
investigation, the agency shall:

(a) Evaluate whether the parents have the capacity
to change and to provide adequate care, and can begin to use the help of social
work in meeting the problem, or whether, in the interest of the child, legal
action must be taken to remove the child from the situation and to obtain
suitable care; and

(b) Use the evaluation or investigation as a basis
for future treatment of the problems of the parents and child.

5. When conducting an evaluation or
investigation required by NAC 432B.150, a person
shall:

(a) Prepare appropriate documentation;

(b) Apply his knowledge of and sensitivity about
different family lifestyles, child-rearing patterns and cultural and ethnic
differences among families;

(c) Assess the environmental factors within the
home, school, neighborhood and community that have an impact on the family;

(d) Confront and resolve conflicting opinions and
values regarding appropriate standards of care for children, and exercise
professional judgment without being judgmental;

(e) Establish priorities for assessment based on
the evaluation of risk to the child;

(f) Demonstrate
the ability to make decisions which take into account the rights and needs of
children, parents and families;

(g) Commit to persistent outreach and offers of
supportive and concrete services, even to hostile, resistant or apathetic
families; and

(h) Recognize the limits of child welfare services
and the parents’ right to be free of involuntary services when there is no risk
to the child.

1. After the investigation of a report of
the abuse or neglect of a child, an agency which provides child welfare
services shall determine its case findings based on whether there is reasonable
cause to believe a child is abused or neglected, or threatened with abuse or
neglect, and whether there is credible evidence of alleged abuse or neglect of
the child. The agency shall make one of the following findings:

(a) The allegation of abuse or neglect is
substantiated; or

(b) The allegation of abuse or neglect is
unsubstantiated.

2. The agency which provides child welfare
services shall enter the findings of the investigation in the central registry
established pursuant to NRS 432.100.

3. When a finding of confirmed abuse or
neglect of a child by the person responsible for the welfare of the child has
been made, the agency which provides child welfare services shall:

(a) Provide written notification to the person
concerning his right to appeal the finding; and

(b) Provide information on the appeals process.

4. A request for an appeal must be made in
writing to the agency within 15 days after the date on which the written
notification is sent.

5. A hearing that is held pursuant to this
section must be conducted in accordance with chapter 233B of NRS.

6. A communication or request relating to
information contained in the central registry established pursuant to NRS 432.100 must be retained in the
manner set forth in chapter 239 of NAC.

7. As used in this section:

(a) “Substantiated” means that a report made
pursuant to NRS 432B.220 was
investigated and that credible evidence of the abuse or neglect exists.

(b) “Unsubstantiated” means that a report made
pursuant to NRS 432B.220 was
investigated and that no credible evidence of the abuse or neglect exists. The
term includes efforts made by an agency which provides child welfare services
to prove or disprove an allegation of abuse or neglect that the agency is
unable to prove because it was unable to locate the child or the person
responsible for the welfare of the child.

NAC 432B.180Assessments of risk required. (NRS
432B.190)An
assessment of risks to a child must be conducted and considered as part of each
significant decision made in a child welfare case. Those decisions include the
provision of child welfare services for the child, from intake through case
closure. The assessment must be future-oriented rather than based solely on the
child’s injuries or current condition.

NAC 432B.185Assessments of safety of child required. (NRS 432B.190)The
agency which provides child welfare services shall assess the safety of a child
who is the subject of a report made pursuant to NRS 432B.220 or an investigation
initiated pursuant to NRS 432B.260
at each phase of intervention in which child welfare services are provided.
Those phases include, without limitation:

1. The initial intake for protective
services performed by the agency;

2. The initial face-to-face contact with the
child;

3. Any time the agency is considering
removal of the child from the custody of his parents;

4. Before any unsupervised visitations
between the child and his parents;

5. Before returning the child to the custody
of his parents;

6. Any time a significant event or change
occurs that affects the household of a parent of the child or a foster parent
or other provider of substitute care for the child, including, without
limitation, a birth, marriage, death or major illness;

1. When it is decided that a case is to be
opened for the provision of child welfare services to a child, the caseworker
must assume responsibility for planning the child welfare services to be
provided, whether the child remains at home, goes into foster care, or is in
temporary out-of-home protective custody. It is the responsibility of the
caseworker to determine the long-range and short-range goals to be achieved for
the protection of the child and the improvement of his care.

2. All child welfare services must be
delivered in a planned manner. Each case must have a written case plan which
identifies barriers to the provision of a safe environment for the child,
clarifies responsibilities of the involved persons to address those barriers,
and defines the overall goals of the case and the step-by-step proposed actions
of all persons to reach the goal within a specified time. Each case plan must
be reviewed and signed by the supervisor of the caseworker and updated at least
every 6 months. Each case plan must include identifying information, a
statement of the goal, objectives and activities of the case, and the time to
meet each goal, objective and activity. Case plans must be realistically
related to the familial situation, safeguard the child, and help the parents to
gain the confidence and capacity to care appropriately for their child, and be
sufficiently flexible to allow changes in the situation and the use of the
services based on a continuing reevaluation of how the child is being affected.

3. Parents must be encouraged to participate
in the development of a written agreement for services, which must be for a
specified period of not less than 45 nor more than 90 days, to engage in a set
of processes for receiving resources.

NAC 432B.200Use of family’s strengths and resources. (NRS 432B.190)When
providing child welfare services to a child, a caseworker shall engage the
child’s family in using its own strengths and resources throughout the process
for planning services, by:

1. Fully exploring the needs of the child’s
family and alternatives to separation of the family;

2. Identifying each family member’s
strengths and using those strengths in the process of solving problems;

3. Developing individualized goals for services
and treatment, time-limited steps to accomplish these goals, and target dates
for their evaluation and completion;

4. Exploring and selecting remedial measures
and resources which are based on differential use of methods of social work in
accordance with varying family needs and dynamics;

5. Explaining the family’s strengths and
needs to the community resources that are serving the family so that their
approaches or responses to the family can be modified; and

6. Preparing the family for the use of
resources and plans for monitoring and follow-up.

NAC 432B.210Strengthening parental capacity to care for children.A
caseworker’s role in strengthening the parental capacity to care for their
children includes:

1. The promotion of the parents’ strengths
and self-esteem by using a humanistic approach and viewing work together as a
partnership or joint venture;

2. The selection and application of various
modalities of treatment appropriate to the needs and strengths of the parents,
such as crisis intervention, casework, groupwork, and marital and family
therapy;

3. The maintenance of relationships with the
family by being direct and active, and responding immediately to points of
family crisis;

4. The capacity to balance the parents’
needs for dependency with those for independency;

5. The commitment to seek supervisory or
specialized professional consultation regarding the progress toward case goals;
and

6. The preparation of the family whenever a
transfer to another caseworker or provider of services is necessary.

NAC 432B.220Objectives for children. (NRS
432B.190)A
caseworker shall promote the right of a child to be with his family, fully
exploring all alternatives to placement of the child outside his home. When
temporary placement is necessary, it is to be made as close to the child’s home
as possible, with immediate plans established for the child’s return home. When
the child cannot be returned to his home, the caseworker shall seek a permanent
alternative for the child. To carry out these objectives, there must be:

1. Implementation of a specific plan of
services that is responsive to the child’s needs and strengths, with active
involvement of the parents in the planning process;

2. Delineation, within the plan of services,
of specific goals, steps to accomplishment, and target dates for completion and
evaluation;

3. Full use of any community resources
necessary to meet the child’s needs; and

4. An arrangement of regular and frequent
visits with his parents and siblings for a child who is placed out of his home.

1. Provide a range of services and commit
its resources to preserve a child’s family and prevent inappropriate placement
of the child outside his home. The agency is not required to make efforts to
prevent placement of a child outside his home if there is reasonable cause to
believe that immediate action is necessary to protect the child from serious
injury, abuse or neglect.

2. Make available, through its own
resources, by purchase or by referral to another agency, a full range of
services designed to prevent placement, including:

(a) Social work and counseling;

(b) Psychological services;

(c) Economic assistance, including emergency
short-term funding;

(d) Preparation for employment, including training
and education;

(e) Information regarding housing and
transportation;

(f) Homemaking
services;

(g) Medical services, including outpatient
psychiatric care;

(h) Care of children during the day;

(i) Parental education and support groups;

(j) Respite
care;

(k) Services for the treatment of substance abuse;
and

(l) Services to victims of domestic violence or
treatment of persons who commit domestic violence.

1. The decision to seek voluntary placement
of a child in foster care may be made only after a thorough discussion of
resources available in the community, and an exploration of relatives as a
resource for placement or other appropriate services to prevent an unnecessary
placement in foster care.

2. The caseworker and the caretaker shall
enter into a written agreement specifying the length of placement, which may
not exceed 180 days, and a plan of action for the return of the child. Copies
of such a voluntary agreement must be provided to all parties to the agreement.

3. When the return of the child to the
family is the plan, work must continue with the parents during and after
placement to help them use their potential strengths to make the home safer and
better for the child, integrating plans for placement with the goals of child
welfare services. The caseworker must ascertain whether care of the child has
improved in such a manner as to meet the essential standards of child care and
to consolidate the gains that have been made.

q1w2e3NAC 432B.260 Determination to take
child into protective custody.

NAC 432B.260Determination to take child into protective custody.

1. Before taking a child into temporary
protective custody, an agency which provides child welfare services must
determine the risk to the child if temporary protective custody is not taken
and the child is left in the custody of his or her parents. The staff of the
agency must consider:

(a) Whether there is a history of severe abuse or neglect
in the family.

(b) Whether current abuse or neglect is severe.

(c) Whether the potential for future severe abuse
or neglect is high.

(d) Whether the physical environment poses an
immediate threat to the child’s life and health.

(e) Whether the child is in need of immediate
medical attention.

(f) Whether
the parents are likely to flee the jurisdiction with the child.

(g) The ability and willingness of the parents to
protect and care for the child.

(h) The ability of the child to care for himself.

2. If a child is in imminent danger, he must
be taken into protective custody before proceeding with the investigation or at
whatever point in the process it becomes necessary.

q1w2e3NAC 432B.261 Factors in
consideration of permanent placement of child.

NAC 432B.261Factors in consideration of permanent placement of child. (NRS 432B.190)For a hearing
concerning the permanent placement of a child to be held pursuant to NRS 432B.590, the agency which
provides child welfare services shall make its recommendation to the court as
to the most appropriate placement of the child based on the consideration by
the agency which provides child welfare services of:

1. Whether the child should be returned to
his parents;

2. Whether the child should be placed for
adoption and the agency which provides child welfare services should file a
petition for termination of parental rights;

3. Whether the child should be referred for
legal guardianship; or

4. In cases where the agency which provides
child welfare services has documented to the court a compelling reason for
determining that it is not in the best interests of the child to return home,
whether the child should be:

(a) Referred for termination of parental rights;

(b) Placed for adoption;

(c) Placed with a fit and willing relative;

(d) Placed with a legal guardian; or

(e) Placed in another planned permanent living
arrangement.

(Added to NAC by Div. of Child & Fam. Services by
R068-99, eff. 11-8-99; A by R045-02, 7-23-2002)

q1w2e3NAC 432B.262 Termination of parental
rights.

NAC 432B.262Termination of parental rights. (NRS
432B.190)The
agency which provides child welfare services shall file a petition for the
termination of the parental rights of the parents of a child who has been in
foster care under the responsibility of the state and for whom the presumption
that the best interests of the child would be served by the termination of
parental rights has become effective pursuant to subsection 4 of NRS 432B.590 unless:

1. The child has been placed with a relative
at the option of the agency which provides child welfare services;

2. The agency which provides child welfare
services has documented in the case plan available for court review a
compelling reason for determining that filing such a petition would not be in
the best interests of the child; or

3. The agency which provides child welfare
services has not, in accordance with NRS 432B.393, provided to the
family of the child, consistent with the time set forth in the case plan, such
services as are determined by the agency which provides child welfare services
to be necessary for the safe return of the child to the child’s home.

(Added to NAC by Div. of Child & Fam. Services by
R068-99, eff. 11-8-99; A by R045-02, 7-23-2002)

1. After a petition for termination of the
parental rights has been filed pursuant to NAC
432B.262, the caseworker assigned to the child and the supervisor of the
caseworker shall document any progress made towards completing an adoption or
plan for the permanent placement of the child, giving preference to prospective
parents to whom the child is known.

2. If a child has not been placed into an
adoptive home within 90 days after the termination of parental rights, the
agency which provides child welfare services shall:

(a) Identify and document the obstacles to
placement of the child; and

(b) Specify the steps that will be taken to find an
appropriate home for the child.

3. The information set forth in subsection 2
must be reported to the court at the hearing conducted pursuant to NRS 432B.590.

1. For the purposes of complying with the
provisions of NRS 432B.397,
the agency which provides child welfare services shall, upon taking a child
into protective custody, ask a parent, legal guardian or relative of the child,
if available, whether the child is an Indian child.

2. If the parent, legal guardian or relative
of the child indicates that the child is or may be an Indian child, the agency
shall ask the person to provide the following information:

(a) The name and location of the tribe to which the
child belongs;

(b) The enrollment number of the child, if the
tribe to which the child belongs has assigned such a number;

(c) Whether the child has resided or been domiciled
on a reservation or has been a ward of a tribal court;

(d) The name, including the maiden name, if any,
and the enrollment number of each Indian relative of the child, including, but
not limited to, the parents and grandparents of the child;

(e) The enrollment number of each Indian relative
of the child, including, but not limited to, the parents and grandparents of
the child, if the tribe to which the relative belongs has assigned such a
number; and

(f) If
the child is an Alaskan native, the name of the child’s village or regional
corporation.

3. The agency shall record, in writing, the
information provided by a parent, legal guardian or relative pursuant to this
section.

4. The agency shall provide the court with
verification that the inquiries set forth in subsections 1 and 2, as
applicable, were made for each child for whom a petition has been filed.

5. As used in this section, “Indian child”
has the meaning ascribed to it in NRS
432B.067.

(Added to NAC by Div. of Child & Fam. Services,
eff. 7-8-96; A by R045-02, 7-23-2002)

q1w2e3NAC 432B.270 Notification of need
for criminal investigation.

NAC 432B.270Notification of need for criminal investigation.An
agency which provides child welfare services shall notify an agency of law
enforcement whenever there appears to be a need for criminal investigation,
including circumstances such as when:

q1w2e3NAC 432B.280 Referral of cases to
court; provision of pamphlet to person responsible for child’s welfare; assistance
of guardian or advocate appointed by court.

NAC 432B.280Referral of cases to court; provision of pamphlet to person
responsible for child’s welfare; assistance of guardian or advocate appointed
by court.

1. The decision to take court action must be
made when it is the only way to help a child and his parents, and:

(a) There is danger to the child;

(b) The parents are inaccessible to help by a
social worker in assuming appropriate parental responsibility;

(c) The parents cannot explain severe injuries to
young children; or

(d) The family may be helped with the child in
placement.

2. Court action must be taken promptly when:

(a) It is considered necessary to make a more
suitable plan for the care of a child;

(b) The child’s parents do not recognize the
authority of an agency which provides child welfare services; and

(c) There is sufficient legal evidence of harm to
the child to sustain a court petition.

3. Upon taking a child into protective
custody, the agency which provides child welfare services shall provide to the
person who is responsible for the child’s welfare, at the time of the child’s
placement in protective custody, a copy of the pamphlet described in paragraph
(k) of subsection 1 of NRS
432B.190.

4. When the court appoints a guardian ad
litem or special advocate for a child, an agency which provides child welfare
services shall give the guardian ad litem or special advocate access to all
reports and records relevant to the case.

1. An agency which provides child welfare
services shall establish and maintain a procedure for the review of a grievance
of an applicant for or recipient of its services.

2. An applicant for or recipient of the
services of an agency which provides child welfare services who wishes to
obtain a review of a grievance concerning an action or decision of the agency
affecting the services that may or are being provided to the applicant or
recipient must file a written request with the agency which provides child
welfare services within 30 days after the date on which the action or decision
that is the subject of the grievance occurred or was made.

3. A grievance must not be resolved through
a process of review established pursuant to this section if:

(a) The applicant or recipient is entitled to a
hearing because the grievance constitutes a contested case as defined in NRS 233B.032;

(b) The matter which is the subject of the
grievance is presently the subject of a proceeding before a court of competent
jurisdiction;

(c) The applicant or recipient has initiated an
action or proceeding in a court of competent jurisdiction to resolve the matter
which is the subject of the grievance; or

(d) The subject of the grievance has already been
decided by a court of competent jurisdiction.

q1w2e3NAC 432B.315 Closure of case
concerning child adjudicated to be in need of protection; visitation of home of
child in protective custody.

NAC 432B.315Closure of case concerning child adjudicated to be in need of
protection; visitation of home of child in protective custody. (NRS 432B.190)

1. Except as otherwise provided in this
subsection, to ensure the safety of the child, an agency which provides child
welfare services shall not close a case concerning a child if a court of
competent jurisdiction has ruled in an adjudicatory hearing that the child is
in need of protection. The agency which provides child welfare services shall
not close the case for at least 6 months after it is opened unless instructed
to do so by the court.

2. A caseworker shall visit the home of each
child who is placed into protective custody at least monthly.

1. Case records must be kept in such a
manner as to present a current and continuous account of the nature of any
responsibility taken by an agency which provides child welfare services in
providing services for each neglected or abused child, and to provide necessary
material for evaluation by supervisory and administrative staff.

2. Case records must include:

(a) Clear and specific material pertinent to the
child’s situation and the function of the agency, including at least
identifying data, the source of referral, the reasons for referral and the
social work performed.

(b) An assessment of the family that clearly
indicates the professional evaluation of the problem, the plan for social work,
goals for the child and family, and periodic assessments of progress in
carrying out the plan and achieving the goals.

(c) The following identifying information:

(1) The child’s name, gender and address.

(2) The child’s date of birth.

(3) The parent’s name and address.

(4) The addresses of other members of the
family.

(5) The legal status of the child.

(d) Reporting forms.

(e) The initial complaint.

(f) Information
on the alleged perpetrator and the identification of potential witnesses.

(g) The findings and results of the investigation.

(h) Any applicable actions by, reports to and
orders of a court.

(i) Notifications to parents.

(j) Summaries
of contacts.

(k) Collateral contacts, reports and
correspondences.

(l) The case plan, assessment and social diagnosis.

(m) The criteria for case closure.

(n) Documentation of services provided to prevent
placement, when applicable.

NAC 432B.330“Residential institution” defined.As used in NAC 432B.330 to 432B.370,
inclusive, unless the context otherwise requires, “residential institution”
means a facility which provides care to a child on a 24-hour basis and which is
operated by a public agency or private person, including facilities for the
training and detention of youth, institutions for child care, facilities for
mental health and mental retardation, boarding schools, residential programs
for alcohol and drug abuse, group and family foster homes, and nursing homes
caring for a child.

NAC 432B.340Responsibility for consequences to children.Residential
institutions are responsible for:

1. Knowing the possible consequences of
their actions or failure to act regarding children in their care, including the
possible consequences to an individual child when, because of the child’s
circumstances, the possible consequences to him are greater than they would be to
most children.

2. Providing the resources needed to prevent
foreseeable harm to children. Not having the resources needed to prevent harm
or threatened harm does not make the consequences accidental for the purposes
of NRS 432B.020.

1. Residential institutions may establish
internal procedures for reporting the suspected abuse or neglect of a child.
However, such procedures do not relieve any person from the requirements of NRS 432B.220.

2. An agency which provides child welfare
services shall determine if such a report received from a residential
institution indicates that the safety of the child is or may be compromised and
that an immediate intervention is needed to protect the child. If the
assessment indicates that the child may not be safe in this environment, the
agency shall take such action as it determines is necessary to protect the
child. The action taken by the agency to protect the child may include, without
limitation, removing the child pending an investigation or requesting that the
institution remove the alleged perpetrator or limit the access of the alleged
perpetrator to the child until an investigation is completed.

1. Unless contraindicated, advise the director,
operator or administrator of a residential institution that a report has been
received regarding the abuse or neglect of a child in the institution’s care
and that an investigation will be conducted.

2. Ensure the safety of the alleged victim and
of any other child who may be threatened with harm.

3. Determine if the report initially appears
valid or is an operational or regulatory issue.

4. Determine if a team needs to be mobilized
pursuant to NRS 432B.350.

5. Except as otherwise provided in this
subsection, notify the agency, court, parent or other person legally
responsible for a child involved in the complaint or investigation if the
report appears to be valid. If a team is organized pursuant to NRS 432B.350, the team has the
responsibility for seeing that the agency, court or person legally responsible
for the child involved in the report is notified that an investigation is to be
conducted. If the child is a ward of an agency or court, that agency or court
is responsible for notifying the child’s parents or other appropriate persons.

6. Refer areas of concern that do not
involve the abuse or neglect of a child to the licensing or regulatory agency.

q1w2e3NAC 432B.370 Duties of team
organized to investigate report of abuse or neglect.

NAC 432B.370Duties of team organized to investigate report of abuse or
neglect.A
team organized pursuant to NRS
432B.350 shall, in conjunction with any agency of law enforcement whose
involvement is appropriate, complete an investigation to determine:

1. The immediate safety of the alleged
victim and the safety of other children in a residential institution involved
in a report of the abuse or neglect of a child, if such issues are not
addressed pursuant to NAC 432B.360.

2. Whether the report of abuse or neglect in
the residential institution is substantiated.

3. If abuse or neglect occurred:

(a) Whether the perpetrator can be identified.

(b) Whether the facility is administratively
responsible for the abuse or neglect.

(c) Whether the underlying causes of the abuse or
neglect can be corrected administratively and, if so, to what extent.

1. The agency which provides child welfare
services shall develop a written case plan for a child within 45 days after the
date on which the child is removed from his home. The case plan:

(a) Must:

(1) If possible, be developed jointly with a
parent or guardian of the child who is receiving foster care;

(2) Be developed with input from the child if
the agency which provides child welfare services determines it is appropriate,
based on the age and stage of development of the child; and

(3) Be developed with input from the foster
parent caring for the child.

(b) Must include a plan to ensure that:

(1) The care that the child receives is safe
and proper; and

(2) The parent or guardian of the child
receives services to improve the condition of the home as well as to facilitate
the safe return of the child to his home or another permanent placement; and

(c) Must be updated at least once every 6 months
and submitted to the court with the report required by NRS 432B.580.

2. The case plan developed pursuant to
subsection 1 must include:

(a) A statement addressing the long-term goals of
the plan, including reunification of the child and his family, permanent
placement of the child with a relative, placement of the child for adoption,
placement of the child into a legal guardianship or placement of the child into
another permanent living arrangement;

(b) A projected time by which these goals should be
achieved;

(c) A description of the current strengths of the
family and the needs which must be satisfied to achieve these goals;

(d) A description of services offered or provided
to prevent removal of the child from his home and to reunify the family of the
child;

(e) A description of the type of home or
institution in which the child is placed;

(f) A
description of the safety and appropriateness of the placement to ensure that
the child receives proper care, including, without limitation, a description of
the manner in which the agency will accomplish this goal;

(g) A description of the manner in which the agency
will ensure that services are provided to the child and the foster parents
which address the needs of the child while in foster care, including, without
limitation, the appropriateness of services that have been provided pursuant to
the case plan;

(h) A description, as applicable, of the programs
and services which will assist a child in foster care who is 16 years of age or
older prepare for the transition from foster care to independent living;

(i) If the goal of the case plan is adoption or
placement in another permanent home, a description of the steps that will be
taken to finalize the adoption or placement, including any steps that will be
taken to recruit adoptive parents through the use of electronic or other types
of state, regional and national adoption exchanges, or by other means;

(j) A
description of the manner in which a placement will be made and the reasons
that such a placement will be in the best interest of the child, with
particular consideration given to a placement that is safe and in the least
restrictive familial environment available;

(k) In addition to the factors set forth in
paragraph (j), if the goal of the
case plan is reunification of the child and his family, the description provided
pursuant to paragraph (j) must
indicate that particular consideration will be given to a placement that is in
close proximity to the home of the parent of the child;

(l) If the child will be placed in a family foster
home or institution for child care that is located a substantial distance from
or in a different state than where the family of the child resides, a
description of the reasons that such a placement will be in the best interest
of the child;

(m) If a child is placed in a family foster home or
institution for child care that is located in a different state than where the
parents of the child reside, a description of the frequency with which a
caseworker from an agency that provides child welfare services and that is
located in the state in which the child is placed or the state in which the
parents of the child reside will visit the foster home or institution and will
submit a report to the agency that provides child welfare services in the state
in which the parents of the child reside;

(n) A description of the efforts that will be made
to place children who are siblings together;

(o) A plan for family visitation, including,
without limitation, visiting siblings if the siblings are not residing
together;

(p) A
statement indicating that the proximity of the school in which the child was
enrolled at the time that he was placed in foster care was considered as a
factor in the selection of the placement for foster care; and

(q) The
health and education records of the child to the extent those records are
available, including, without limitation:

(1) The names and addresses of the providers
of health care and education of the child;

(2) The grade level at which the child
performs;

(3) Documentation of the immunizations that
the child has had;

(4) Documentation of any known medical or
psychological problems of the child;

(5) Documentation of any medications
prescribed for the child; and

(6) Such other health or educational
information concerning the child as the agency which provides child welfare
services determines is necessary.

3. The agency which provides child welfare
services shall ensure that the report described in paragraph (m) of subsection
2 is submitted to the agency located in the county in which the parents of the
child reside at least once every 12 months.

4. As used in this section:

(a) “Education records” means a report card or
other report of progress and an individual education plan, if applicable.

(b) “Family foster home” has the meaning ascribed
to it in NRS 424.013.

(Added to NAC by Div. of Child & Fam. Services,
eff. 5-14-96; A by R045-02, 7-23-2002)

q1w2e3NAC 432B.405 Provision of services
to child in foster care and his parents.

NAC 432B.405Provision of services to child in foster care and his parents. (NRS 432B.190)

1. An agency which provides child welfare
services shall ensure that:

(a) A caseworker visits each child placed in foster
care at least monthly;

(b) At least bimonthly, the visit conducted
pursuant to paragraph (a) takes place in the home in which the foster care is
provided;

(c) A caseworker spends at least a portion of each
visit conducted pursuant to paragraph (a) alone with the child; and

(d) A caseworker spends a portion of each visit
conducted pursuant to paragraph (a) alone with the foster parent if requested
to do so by the foster parent.

2. The caseworker shall document the results
of each visit conducted pursuant to subsection 1.

3. When a child is in foster care, the
agency which provides child welfare services shall ensure that services are
delivered to the child and his parents in accordance with the terms of the case
plan developed pursuant to NAC 432B.400. If the
child or his parents refuse to participate in the services, the caseworker
shall document the efforts used by the agency which provides child welfare
services to involve the child and his parents in the services and the responses
of the child and his parents to those efforts.

4. When a child is in foster care, the
caseworker assigned to the child and the supervisor of the caseworker shall
each document his review of the progress of the family of the child at least
quarterly. Before a child is returned to the home of his parent, the caseworker
shall:

(a) Complete an assessment of the safety of the
child using input from persons directly involved with the case; and

(b) If he determines it is necessary, ensure that a
safety plan is implemented.

q1w2e3NAC 432B.410 Provision of services
to prepare child in foster care to live independently as adult.

NAC 432B.410Provision of services to prepare child in foster care to live
independently as adult. (NRS 432.032, 432B.190)

1. The agency which provides child welfare
services shall provide services designed to prepare a child in foster care to
live successfully and independently as an adult. These services will be
provided to each child in foster care who:

(a) Is 16 years of age or older;

(b) Is likely to remain in foster care until he is
18 years of age; and

(c) Demonstrates a willingness to participate in
such services.

2. Within 6 months of a child’s eligibility
to receive the services related to independent living pursuant to this section,
the agency which provides child welfare services shall assess the child’s
skills related to independent living.

3. The agency which provides child welfare
services shall ensure that each child in foster care who is eligible for
services related to independent living pursuant to this section has a written
case plan for his transitional independent living based on the assessment of
his skills made pursuant to subsection 2.

4. The agency which provides child welfare
services shall discontinue services related to independent living provided to
the child pursuant to this section and any other assistance which it is
providing to the child if:

(a) The child has achieved self-sufficiency to the
extent that financial support or the services of the agency which provides
child welfare services are no longer needed by the child;

(b) The child refuses to participate further in
services related to independent living, or refuses further financial
assistance; or

(c) Has demonstrated a general inability or
unwillingness to comply with the requirements for the services related to
independent living or with the terms of an agreement for independent living.

(Added to NAC by Div. of Child & Fam. Services,
eff. 5-14-96; A by R045-02, 7-23-2002)

q1w2e3NAC 432B.420 Semiannual assessment
of child in custody of agency.

1. The agency which provides child welfare
services shall complete an assessment for each child in the custody of the
agency which provides child welfare services at least semiannually. The
assessment must include:

(a) The current level of functioning of the child’s
family;

(b) An update of the history of the family as it
pertains to the risk which prompted the placement of the child into foster
care;

(c) The current risk to the child if he were to be
returned to the custody of his parents or legal guardian;

(d) The services required to meet the child’s needs
as addressed in the case plan;

(e) The strengths and resources of the family of
the child which can be used to meet the identified needs; and

(f) Any
other information which may affect the factors set forth in paragraphs (a) to
(e), inclusive, of this subsection.

2. The agency which provides child welfare
services shall base its assessment of the child and his family on:

(a) Direct interviews with family members of the
child;

(b) Personal observation of the interaction, at
home and within the community, between the child and his family members;

(c) A review of written materials, including
records of the case, medical records of the child, school records and records
of the appropriate law enforcement agencies;

(d) Contacts which the members of the child’s
family may have with other agencies; and

(e) The results of referrals of family members for
a specialized evaluation by a qualified professional.

(Added to NAC by Div. of Child & Fam. Services,
eff. 5-14-96; A by R045-02, 7-23-2002)

q1w2e3NAC 432B.430 Placement of child in
unlicensed home of relative: General requirements.

NAC 432B.430Placement of child in unlicensed home of relative: General
requirements. (NRS 432B.190)

1. Before an agency which provides child
welfare services places a child who is in the custody of the agency in the home
of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this
state, the requirements set forth in this section and NAC
432B.435 must be satisfied.

2. Each member of a household described in
subsection 1 who is 18 years of age or older must submit to the agency which
provides child welfare services or its approved designee a complete set of his
fingerprints and written permission authorizing the agency or its approved
designee to forward those fingerprints to the central repository for Nevada
records of criminal history for submission to the Federal Bureau of
Investigation for its report. The agency or its approved designee may exchange
with the central repository or the Federal Bureau of Investigation any
information respecting the fingerprints submitted. When a report from the
Federal Bureau of Investigation is received by the central repository, it shall
immediately forward a copy of the report to the agency or its approved
designee.

3. A local law enforcement agency must have
provided to the agency which provides child welfare services a satisfactory
report concerning each member of such a household who is 18 years of age or
older.

4. The agency which provides child welfare
services must have received a satisfactory clearance through the statewide
central registry established pursuant to NRS 432.100 on each member of such
a household who is 18 years of age or older.

q1w2e3NAC 432B.435 Placement of child in
unlicensed home of relative: Restrictions on placement.

NAC 432B.435Placement of child in unlicensed home of relative: Restrictions
on placement. (NRS 432B.190)

1. A child who is in the custody of an
agency which provides child welfare services must not be placed in the home of
a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this
state, if the relative of the child or any member of the household who is 18
years of age or older has a felony conviction for, has charges pending against
him for a felony conviction for, or has been arrested and is awaiting final
disposition of the charges pending against him for a felony conviction for:

(a) Child abuse or neglect;

(b) Spousal abuse;

(c) Any crime against children, including, without
limitation, child pornography;

(d) Any crime involving violence other than an
offense set forth in paragraph (e), including, without limitation, rape, sexual
assault or homicide; or

(e) Assault, battery or a drug-related offense, if
the assault, battery or drug-related offense was committed within the last 5
years,

unless the administrator or designee of the administrator
approves the placement. The administrator or his designee may approve the
placement if such an approval is in the best interest of the child.

2. A child who is in the custody of the
agency which provides child welfare services must not be placed in the home of
a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this
state, if the relative of the child or any member of the household who is 18
years of age or older:

(a) Has been convicted of a crime involving harm to
a child other than a crime set forth in subsection 1;

(b) Has charges pending against him for a crime
involving harm to a child other than a crime set forth in subsection 1; or

(c) Has been arrested and is awaiting final
disposition of the charges pending against him for a crime involving harm to a
child other than a crime set forth in subsection 1,

unless the administrator or designee of the administrator
approves the placement.

q1w2e3NAC 432B.440 Placement of child in
unlicensed home of relative: Assessment of safety of child at time of initial
placement.

NAC 432B.440Placement of child in unlicensed home of relative: Assessment of
safety of child at time of initial placement. (NRS
432B.190)The
agency which provides child welfare services shall assess the safety of a child
at the time of the initial placement in the home of a relative of the child who
is not licensed pursuant to NRS
424.030 and who resides in this state.